Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
On December 27, 2017, at approximately 10:30 a.m., the plaintiff Helene Fitch (hereinafter the injured plaintiff) exited her parked car and approached a...
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